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Discussion Topic: The FTC as the de facto privacy and data security regulator
Description
FTC vs LabMD Decision- Read the links below to get an understanding of the case. You can also use scholarly resources to strengthen your position.
https://iapp.org/news/a/takeaways-from-the-11th-circuit-ftc-vs-labmd-decision/
https://www.ftc.gov/news-events/blogs/business-blog/2017/07/stick-security-insights-ftc-investigations
https://iapp.org/news/a/what-litigating-the-labmd-case-showed-us-about-u-s-cybersecurity-regulation/
Assignment:
*You will be Pro FTC.
1) Prepare and write your position, set forth your argument in an opening speech in this FTC case. 2) Then write a response to the opposing side who is Pro LabMD.
This case is really a dramatic saga and a very important turning point in privacy law. Pay attention to why the final outcome is looked at as problematic by so many privacy professionals and why the FTC is really pushing Congress for more authority.
Think about other FTC decrees in the news that came after the landmark LabMD case (Facebook, Snapchat……) and analyze whether the FTC approach (and power) is working.